Recovering Damages After a Chemical Spill
Charlotte, NC Personal Injury Lawyer
A train derailed recently near Allendale, South Carolina, leaking some of the hazardous chemicals it was carrying. Although the spill did not result in any homes needing to be evacuated, a local plant was evacuated. In addition, two individuals on the train were injured. While this particular derailment did not appear to result in any serious injuries, these sorts of incidents can cause serious property damage, mandatory evacuations for private citizens, and lead to personal injuries and illnesses. After a train derailment, consulting with an experienced personal injury attorney can help individuals affected by the derailment recover much-needed compensation.
Train Derailment Statistics
According to preliminary data from the Federal Railroad Administration Office of Safety Analysis, there were approximately 10,804 total train accidents or incidents in 2014. This number is higher than 2013’s total of 10,524 accidents and incidents and even higher than 2012’s total of 10,175. This included a total of 1,124 instances of derailment.
There are a number of situations that can cause a train to derail. In many of these situations, the negligence of one or more parties contributes to or even causes the derailment. Common causes of derailment include:
- Poorly maintained tracks;
- Collisions with other trains or vehicles on the track;
- Improper switch alignment;
- Mechanical failures of the train engine or rail cars;
- Failure to remove obstacles and obstructions from train tracks; and
- Excessive speed during poor weather conditions.
Damages Following a Train Derailment
A train derailment can upend the lives of individuals and families, leaving them with significant losses. These individuals and families can receive compensation for their damages. For instance, monetary damages are available for:
- Personal injuries;
- Illnesses contracted as a result of a spill;
- Property damage;
- Impairment of earning capacity;
- Pain and suffering;
- Lost wages;
- Time away from home due to an evacuation; and
- Wrongful death.
Recovering Damages After a Train Derailment Can Be Difficult
Recovering compensation after a train derailment can be difficult for a number of reasons:
- Depending on the exact circumstances of the derailment, there may be federal laws that apply and supersede state laws. This can affect things such as how a claim for damages must be brought, what would constitute negligence in the case, and what sort of recovery is available.
- Many railroad companies and those that do business on and around railroad tracks employ dedicated lawyers tasked with limiting the liability of the company. This means that they may try to pressure victims into accepting settlements that are far less than the damages these victims suffered.
- Because of the technical nature of these claims, important evidence and witnesses can be lost if prompt action is not taken immediately following a derailment.
Contact the Personal Injury Law Firm of Bice Law:
The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability. We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly. Call 877-BICE-877 today or submit an online request to get a free consultation with a personal injury attorney. We serve families across both North Carolina and South Carolina.